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ID or other document required under same-day registration bills
Dianne Hamilton
State Rep. Dianne Hamilton recently wrote in a guest column published on this site that two pending same-day voter registration bills would allow people to register without providing some form of photo ID or another document such as a utility bill.
She claimed the legislation also “allows an individual to register and vote by providing a ‘verbal or written statement by the voter of the voter’s name, registration address and year of birth….’”
Turns out that isn’t true at all.
It’s true that New Mexicans can vote under the current law by providing a verbal or written statement instead of presenting a photo ID, utility bill, bank statement or other document. But the current law doesn’t allow same-day registration. The deadline to register to vote in an election comes weeks before that election under the current law.
The proposed legislation — House Bill 123 and Senate Bill 161 – would allow same-day registration during early voting, but only if people present a photo ID, utility bill, bank statement or other document.
That’s because the bills state that those registering on the same day that they vote must present “a physical form of identification as defined in Subsection A” of the current law. Subsection A defines that ID as:
• “an original or copy of a current and valid government-issued photo identification with or without an address, which address is not required to match the [voter’s certificate of] qualified elector’s registration address.”
• or “an original or copy of a current utility bill, bank statement, government check, paycheck, student identification card or other government document, including identification issued by an Indian nation, tribe or pueblo, that shows the name and address of the person, the address of which is [not] required to match the [voter’s certificate of] qualified elector’s registration address.”
It’s subsection B of the current law that allows “a verbal or written statement by the voter of the voter’s name, registration address and year of birth; provided, however, that the statement of the voter’s name need not contain the voter’s middle initial or suffix.”
Subsection B wouldn’t apply to same-day registration under the proposed legislation.
I’ve sent Hamilton an e-mail seeking comment. I’ll let you know if she responds.
This article has been updated to clarify that the pending legislation applies to early voting but not voting on Election Day.
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Unbelievable. Look at page 2, lines 1-3, of the bill. This is the section on what type of ID is required for people who would use this early voting registration process. The bill specifically says that only Subsection A of the election codes’ voter ID provision will apply. As Heath noted, it says that qualified New Mexicans will be allowed to register at an early voting site if they present “a physical form of identification as defined in Subsection A.” No mention of Subsection B. The drafting is crystal sparkling clear. Thank you, Heath, for attempting to point out the obvious. Congratulations to the opponents of this bill on a successful misinformation campaign. Well done.
Steven Robert Allen
Executive Director
Common Cause New Mexico
I just checked the bills.
HB 123 (sponsor Jim Trujillo (D)), bottom of page 1, top of page 2, reads,
“provided that the qualified elector:
- 2 -
(1) presents a physical form of identification as defined in Subsection A of Section 1-1-24 NMSA 1978 to the county clerk or the clerk’s authorized representative; …”
SB 161 (sponsor Sen Sapien (D)), EXACTLY the same,
“provided that the qualified elector:
- 2 -
(1) presents a physical form of identification as defined in Subsection A of Section 1-1-24 NMSA 1978 to the county clerk or the clerk’s authorized representative; …”
Subsection B of these bills with apparently identical wording covers the additional information required, like date of birth, which certainly would be on a driver’s license but not on a utility bill.
—————-
Just FYI, the part that gets tricky is when a bill gets amended in committee. There will be a “DP/A” in the record, BUT the text of the bill as introduced will not be changed. You have to read the relevent committee report to find the text of the amendment.
I have been a bill analyst in the past.
Hamilton is probably right. Subsection A ends with the word “or”. This is sloppy bill writing at best; at worst, it is an attempt to cloak the bill’s true nature.
The word “or” is a game changer. It could easily be interpreted as mandating Subsection B be bound to Subsection A.
If I were an analyst this year, I would advise Rep. Hamilton that her interpretation of the bill is correct. Haussamen shouldn’t call Hamilton out for something he doesn’t understand.
Heath, this “explaination” is absolute BULL STUFF! I have the bill before me. There is nothing in subsection B of the current law that says that subsection B does not apply to the proposed legislation. I have read it over and over. It is not there. The only way to ensure that Subsection B does not apply to same day registration is for that to be stated/added to the subsection.
This is a dirty trick. The bill says what it says. It no where differentiates that Subsection A applies and Subsection B does not apply to same day registration. I wouldn’t trust you nor any “legislative analyist” who would say that subsection B is not applicable without an addition statement clerifying same. You are cooperating with the Democrats in trying to deceive the people once more. If there is something “implied” that I don’t see, then it is absolutely unclear and needs to be made clear.
People, people, people. Do not be fooled by this trickery. You are not as ignorant as Hausserman and the Dems are trying to make you think you are….just too inexperienced and lacking in knowledge to understand.
If, Heath, what you say is what you and the Democrats want the legislation to be, then put the language in the bill. As it stands, it is vague and will be used to allow same day registration and voting by merely stating a name, address and birthdate.